BILL ANALYSIS Ó
AB 65
Page 1
Date of Hearing: March 24, 2015
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
65 (Alejo) - As Amended March 19, 2015
SUMMARY: Redirects funds from the Driver Training Penalty
Assessment Fund and allocates that money to the Board of State
and Community Corrections (BSCC) to be used to fund local law
enforcement agencies to operate a body worn camera program, as
specified. Specifically, this bill:
1)Establishes the Body-worn Camera Fund for the purpose of
making funds available to local law enforcement entities to
purchase body-worn cameras and related data storage and
equipment, and to hire personnel necessary to operate a local
body-worn camera program.
2)Provides if federal funds become available, the BSCC shall
adjust the grant program to maximize state and local federal
funds, and BSCC shall either apply for federal funds on behalf
of a local law enforcement agency, or reimburse a local law
enforcement agency that has expended funds for federal funds
purposes.
EXISTING LAW:
1)Provides that there shall be levied a state penalty, in an
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amount equal to $10 for every ten $10 or fraction thereof,
upon every fine, penalty, or forfeiture imposed and collected
by the courts for criminal offenses, including all offenses,
except parking offenses as defined in the Vehicle Code. Any
bail schedule adopted pursuant to Penal Code Section 1269b may
include the necessary amount to pay the state penalties
established by existing law for all matters where a personal
appearance is not mandatory and the bail is posted primarily
to guarantee payment of the fine. (Pen. Code, § 1464, subd.
(a).)
2)States the moneys so deposited in the State Penalty Fund shall
be distributed as follows:
a) Once a month there shall be transferred into the Fish
and Game Preservation Fund an amount equal to 0.33 percent
of the state penalty funds deposited in the State Penalty
Fund during the preceding month, except that the total
amount shall not be less than the state penalty levied on
fines or forfeitures for violation of state laws relating
to the protection or propagation of fish and game. These
moneys shall be used for the education or training of
department employees which fulfills a need consistent with
the objectives of the Department of Fish and Game.
b) Once a month there shall be transferred into the
Restitution Fund an amount equal to 32.02 percent of the
state penalty funds deposited in the State Penalty Fund
during the preceding month. Those funds shall be made
available in accordance with provisions of the Government
Code.
c) Once a month there shall be transferred into the Peace
Officers' Training Fund an amount equal to 23.99 percent of
the state penalty funds deposited in the State Penalty Fund
during the preceding month.
d) Once a month there shall be transferred into the Driver
Training Penalty Assessment Fund an amount equal to 25.70
percent of the state penalty funds deposited in the State
Penalty Fund during the preceding month.
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e) Once a month there shall be transferred into the
Corrections Training Fund an amount equal to 7.88 percent
of the state penalty funds deposited in the State Penalty
Fund during the preceding month. Money in the Corrections
Training Fund is not continuously appropriated and shall be
appropriated in the Budget Act.
f) Once a month there shall be transferred into the Local
Public Prosecutors and Public Defenders Training Fund an
amount equal to 0.78 percent of the state penalty funds
deposited in the State Penalty Fund during the preceding
month. The amount so transferred shall not exceed the sum
of 850,000 in any fiscal year. The remainder in excess of
$850,000 shall be transferred to the Restitution Fund.
g) Once a month there shall be transferred into the
Victim-Witness Assistance Fund an amount equal to 8.64
percent of the state penalty funds deposited in the State
Penalty Fund during the preceding month.
h) Once a month there shall be transferred into the
Traumatic Brain Injury Fund an amount equal to 0.66 percent
of the state penalty funds deposited into the State Penalty
Fund during the preceding month, as specified. (Pen. Code,
§ 1464, subd. (f)(1) to (8).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "AB 65 will help
local law enforcement agencies establish and maintain a body
worn camera program to better serve our constituents. These
devices will bring transparency and accountability to law
enforcement agencies across the state, while at the same time
protecting officers from false accusations. Body cameras will
help us begin to address problems of misconduct and help the
public understand things from a public safety perspective."
2)Background: A recent report released by U.S. Department of
Justice's Office of Community Oriented Policing Services and
the Police Executive Research Forum studied the use of
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body-worn cameras by police agencies. This research included
a survey of 250 police agencies, interviews with more than 40
police executives, a review of 20 existing body-camera
policies, and a national conference at which more than 200
police chiefs, sheriffs, federal justice representatives, and
other experts shared their knowledge of and experiences with
body-worn cameras. The report shows that body-worn cameras
can help agencies demonstrate transparency and address the
community's questions about controversial events. Among other
reported benefits are that the presence of a body-worn camera
have helped strengthen officer professionalism and helped to
de-escalate contentious situations, and when questions do
arise following an event or encounter, police having a video
record helps lead to a quicker resolution. (Miller and
Toliver, Implementing a Body-Worn Camera Program:
Recommendations and Lessons Learned, Police Executive Research
Forum (Nov. 2014).)
In December 2014, President Obama proposed a new Body Worn
Camera Partnership Program, which will provide a 50 percent
match to states and local jurisdictions that purchase body
worn cameras and requisite storage. (See
< https://www.whitehouse.gov/the-press-office/2014/12/01/fact-sh
eet-strengthening-community-policing > [as of Mar. 19, 2015].)
Because federal funds are not yet available, this bill
provides that should federal funds become available, BSCC
shall adjust the grant program to maximize state and local
federal funds.
3)Argument in Support: According to the California College and
University Police Chiefs Association, "This bill will have
important implications with respect to the ability of local
agencies to acquire body worn cameras, a strategy that the
California College and University Police Chiefs embrace."
4)Argument in Opposition: None submitted.
5)Related Legislation:
a) AB 66 (Weber), would state the intent of the Legislature
to enact legislation to require local police departments
that utilize police body-worn cameras to follow policies
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and procedures that will streamline best practices to
better enhance the quality of the services that those
departments provide to Californians. AB 66 is pending
referral by the Rules Committee.
b) AB 69 (Rodriguez), would require law enforcement
agencies to follow specified best practices when
establishing policies and procedures for downloading and
storing data from body-worn cameras. AB 69 is pending
hearing by this Committee.
c) SB 175 (Huff), would require each department or agency
that employs peace officers and that elects to require
those peace officers to wear body-worn cameras to develop a
policy relating to the use of body-worn cameras. The bill
would require the policy to be developed in collaboration
with nonsupervisory officers and to include certain
provisions, including, among others, the duration, time,
and place when body-worn cameras shall be worn and
operational. SB 175 is pending hearing by the Senate
Committee on Public Safety.
d) SB 195 (Anderson), would state the intent of the
Legislature to enact legislation that protects the privacy
of individuals recorded by body-worn cameras utilized by
law enforcement officers and the privacy of law enforcement
officers wearing body-worn cameras. SB 195 is pending
referral by the Rules Committee.
6)Prior Legislation:
a) AB 790 (Karnette), of the 2007-2008, would have
redirected 4% of funds from the Driver Training Penalty
Assessment Fund and allocated that money to the Department
of Justice to be used to support the California Witness
Protection Program. AB 790 was held on the Committee on
Appropriations' Suspense File.
b) SB 1761 (Poochigian), of the 2005-2006 Legislative
Session, would have changed the percentage of money that is
deposited into each of the funds in the State Penalty Fund,
and would have created the Child Advocacy Center Fund, into
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which 4.97% of state penalty funds in the State Penalty
Fund would be deposited monthly. SB 1761 was held on the
Senate Committee on Appropriations' Suspense File.
c) AB 204 (Lowenthal), of the 2001-2002 Legislative
Session, would have required all funds transferred to the
Driver Penalty Assessment Fund, which would otherwise be
transferred to the General Fund, be appropriated on an
annual basis to the State Department of Education for the
purposes of providing driver training instruction in the
public schools. AB 204 was held on the Committee on
Appropriations' Suspense File.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County and Municipal Employees
California College and University Police Chiefs Association
California Communities United Institute
California District Attorneys Association
California Police Chiefs Association
Two private individuals
Opposition
None
Analysis Prepared
by: Stella Choe / PUB. S. / (916) 319-3744
AB 65
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